| Gause v Martinez |
| Motion No: 2011-07015 |
| Slip Opinion No: 2011 NY Slip Op 84829(U) |
| Decided on September 26, 2011 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M126346
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2011-07015 Laurel E. Gause, et al., respondents, v Carlos Martinez, appellant. (Index No. 19291/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 10, 2011, and to extend the time to serve the notice of appeal, which was timely filed, on Laurel E. Gause, as defendant on a counterclaim asserted by the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a stay is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve the notice of appeal on Laurel E. Gause, as defendant on a counterclaim asserted by the appellant is granted (see CPLR 5520[a]), and the notice of appeal is deemed timely served.
ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court